UPDATED: Government holds axe over file sharers

 

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Posted on 25 Aug 2009 at 09:56

Lord Mandelson will today submit proposals for new laws that will allow for the disconnection of persistent file sharers.

The Business Innovation and Skills (BIS) Secretary is said to have rejected the findings of the recent Digital Britain report as inadequate. The report called for file sharers to have their broadband speeds restricted and access to p2p services blocked.

But Mandelson is said to back the music and movie industries, which want households disconnected.

“The previous proposals, whilst robust, would take an unacceptable amount of time to complete in a situation that calls for urgent action,” according to a draft of the government’s new plan seen by The Guardian.

The Digital Britain proposals were based on months of public consultation; Mandelson’s unexpected hardline approach was revealed shortly after he met Hollywood studio and record company boss David Geffen at a private dinner in Corfu. A spokesperson for the BIS said the issue of file sharing was not discussed at the dinner.

Mandelson’s plans are likely to face a legal challenge under human rights laws, particularly if they bypass the judicial system leaving accused sharers with no recourse to the courts.

UPDATE: BIS issues statement on disconnection proposal

The BIS has released a statement on its plans to add the threat of disconnection to the technical measures proposed by Digital Britain.

BIS says that the decision to include disconnection was made to ensure that Ofcom will have “a full tool-kit” with which to tackle file sharing.

“Although we continue to regard the uptake and use of Internet services as essential to a digital Britain, we are considering the case for adding suspension of accounts into the list of measures that could be imposed. This does not necessarily mean that suspension would be used—this step would obviously be a very serious sanction as it would affect all members of a household equally, and might disrupt access to other communications, so it should be regarded as very much a last resort.”

The statement goes on to say that it remains, “important to ensure as far as possible that innocent people who may be affected by such technical measures would retain
access to the Internet services they need, including online public services.”

But according to Stephen Timms, the Minister for Digital Britain, that is secondary to the the concerns of the music and movie business.

“Technology and consumer behaviour is fast-changing and it’s important that Ofcom has the flexibility to respond quickly to deal with unlawful file-sharing,” he said. “We’ve been listening carefully to responses to the consultation this far, and it’s become clear there are widespread concerns that the plans as they stand could delay action, impacting unfairly upon rights holders.”

The deadline for responses to the now-revised Digital Britain proposals has been extended until September 29, 2009.

[photo: Peter Mandelson - World Economic Forum Annual Meeting Davos 2008 by the World Economic Forum; some rights reserved]

Author: Simon Aughton